Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35046 WP No. 24242 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.24242 OF 2025 (LB-BMP)
BETWEEN:
1.
ALESH COLLECTIONS REPRESENTED BY ITS PROPRIETOR, MR. ALESH, HAVING ITS REGISTERED OFFICE AT NO.109, TRINITY COTTAGE, OPPOSITE INFANT JESUS CHURCH, VIVEK NAGAR, BENGALURU-560 047. …PETITIONER (BY SRI. P.N. RAJESWARA, ADVOCATE) AND:
1.
PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001.
2.
BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY ITS CHIEF COMMISSIONER N.R. SQUARE, BENGALURU-560 002.
3.
SPECIAL COMMISSIONER ADVERTISEMENT, B.B.M.P,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35046 WP No. 24242 of 2025
N.R. SQUARE BENGALURU-560 002.
4.
JOINT COMMISSIONER ADVERTISEMENT, B.B.M.P N.R. SQUARE, BENGALURU-560 002.
5.
CHIEF ENGINEER (ADVERTISEMENT) BBMP, N.R. SQUARE, BENGALURU-560 002 N.R. SQUARE, BENGALURU-560 002. …RESPONDENTS
(BY SRI. H.K. KENCHEGOWDA, ADVOCATE FOR R.1;
SRI. B.L. SANJEEV, ADVOCATE FOR R.2 TO R.5.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH REMOVE THE NAME OF PETITIONER FROM BLACKLISTING SINCE THE PETITIONER HAS PAID ALL HIS DUES TO THE RESPONDENT, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2025:KHC:35046 WP No. 24242 of 2025
ORAL ORDER
1. The petitioner was selected by way of a tender process to advertise on flower pots at 500 locations in the City of Bengaluru as identified by the Bruhat Bengaluru Mahanagara Palike ('BBMP' for short). However, on the ground that the petitioner had allegedly manipulated the agreement, the petitioner was not permitted to advertise on the flower pots as agreed upon. It is submitted that this also resulted in a criminal case. However, a 'B' report came to be filed in the criminal case and the same has been accepted. Thereafter, the petitioner has made a representation to BBMP with a request to permit it to advertise as per the terms of the original agreement. It is submitted that in this regard the Standing Committee of BBMP has passed a resolution (vide Annexure-L to the writ petition) which is favourable to the petitioner. Thereafter, respondent No.4-Joint Commissioner has issued an endorsement to have the recommendation of the Standing Committee implemented (vide Annexure-P to the writ
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HC-KAR NC: 2025:KHC:35046 WP No. 24242 of 2025
petition). The same has been noted by the concerned official of BBMP in the file pertaining to the petitioner (vide Annexure-Q to the writ petition). In spite of it, respondent No.3 has not taken a decision permitting the petitioner to execute the work as per the terms and conditions of the agreement.
Hence, the present writ petition has been filed with the following prayers:
"a) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing the Respondents to forthwith remove the name of petitioner from blacklisting since the petitioner has paid all his dues to the respondent
b) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing the Respondents to forthwith implement the Order dated 16.02.2017 and 11.12.2019 as per the Annexure L and Annexure P and execute an agreement with the Petitioner for installation and maintenance of 500 flower pots of size 10ft x 10ft for advertising for a period of 5 (five) years and as there are No due payable as per the Annexure Q
Or in the alternative
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HC-KAR NC: 2025:KHC:35046 WP No. 24242 of 2025
c) Direct the Respondents to consider and dispose of the Petitioner's pending representation Dated: 02.12.2024 in a time-bound manner as per the Annexure S.
d) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of Justice and Equity."
2. Learned counsel for the BBMP, upon instructions, submits that the case of the petitioner will be considered in accordance with law and appropriate decision will be taken. Hence, the following:
ORDER Respondent no.3 is directed to consider the case of the petitioner in the light of the decision of the Standing Committee (vide Annexure-L to the writ petition) and the recommendations of respondent No.4 (vide Annexure-P to the writ petition) and the note sheet at Annexure-Q to the writ petition and thereafter respondent No.3 shall pass appropriate orders in accordance with law within a period of three weeks from the date of receipt of a certified copy of this order.
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HC-KAR NC: 2025:KHC:35046 WP No. 24242 of 2025
The writ petition stands disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE
hkh. List No.: 1 Sl No.: 51